News Archive

"Each year, more states require businesses above certain employee thresholds, in many cases starting at 5 or more employees and in some states as low as 1 employee, to either offer a qualified retirement plan or enroll employees in a state-facilitated program, with penalties for noncompliance.... What began as a handful of pilot programs has evolved into a nationwide push to expand retirement access and increase employer responsibility."  MORE >>

"Plaintiff alleged that Caremark unjustly enriched itself by covering plan members' maintenance prescriptions only if filled at CVS retail pharmacies or through mail order, in violation of two Arkansas statutes ... Because PBMs manage benefits on behalf of plans, the court reasoned, regulation of PBMs functions as regulation of the plan itself.... The court concluded that these requirements interfere with the nationally uniform plan administration that ERISA was enacted to protect, and that ERISA therefore preempts them, rendering them without effect. Because Plaintiff's unjust enrichment theory depended on violations of preempted requirements, it did not state a plausible claim, and the court affirmed." [Flowers v. Caremark PCS Health, LLC, No. 25-3068 (8th Cir. June 29, 2026)]  MORE >>

"With the passage of Senate Bill 3060 Substitute B, Rhode Island has adopted a comprehensive Pharmacy Benefit Managers Act that places PBMs under the direct oversight of the Rhode Island Office of the Health Insurance Commissioner (OHIC). While the legislation does not impose the type of sweeping reimbursement reforms recently seen in states such as Arkansas and Tennessee, it reflects a broader trend that is reshaping the PBM landscape across the country: increased transparency, greater accountability and more aggressive state oversight."  MORE >>

"Whether the Florida CVS Caremark investigation ultimately results in litigation, a settlement, policy changes or no enforcement action at all, one thing is already clear: state regulators are becoming increasingly willing to use their existing enforcement authority ... Florida does not appear to be focused on a single disputed claim, a single pharmacy contract or a single reimbursement issue. Instead, the state appears to be examining how PBM vertical integration may affect competition across the pharmacy marketplace."  MORE >>

"[HB26-1026] improves teacher retirement outcomes in three ways: [1] New option for purchasing PERA (Public Employees' Retirement Association) Service Credit which takes into account time out of the workforce. [2] Starting January 1, 2027 all districts must offer the excellent PERA 401(k) plan in both the pre-tax and Roth versions.... [3] Starting January 1, 2027 all districts must also offer the excellent PERA 457(b) plan in both pre-tax and Roth versions."  MORE >>

"Colorado, Delaware, Maine, Maryland, Minnesota, and Virginia have one thing in common, enacting Paid Family and Medical Leave laws in the 2020s. Who will be the next PFML state this decade? Here are some relevant factors: [1] Legislative composition.... [2] Election shifts.... [3] Popular demand.... [4] Voluntary before mandatory.... [5] Peer pressure.... [6] Wild cards."  MORE >>

"Several jurisdictions have now issued updated state average weekly wages (SAWW) used to calculate benefit payouts. As is typical, the timing and scope of these changes vary by jurisdiction, requiring employers to stay closely attuned to state-specific developments."  MORE >>

"As many employers are navigating higher 2026 HCSO payments, the increase in expenditure rates offers a timely opportunity for employers to review their HCSO compliance process. Failure to meet all compliance requirements using supportable methodology4 could result in investigation, corrective action, and penalties from the San Francisco Office of Labor Standards Enforcement."  MORE >>

"Employers must register online starting in Fall 2026.... Contributions begin January 1, 2027 for employers with 15 or more employees.  ... Employers must notify employees of their FAMLI rights beginning July 2027, at hire, annually, and whenever leave is requested.  ... Beginning in April 2027, employers must submit quarterly wage and hour reports to the FAMLI division, even if you participate in a private plan."  MORE >>

"Under the new law, employers that decide to create a [phased retirement plan (PRP)] shall pay the full amount of the TRSL Optional Retirement Plan (ORP) administrative fee. They also will pay a higher employer contribution to an individual's ORP account; the act increases that contribution from 6.2% to 8.0% of pay, subject to appropriations. The employer of any participant in a PRP will be required to notify the TRS of the terms of the participant's phased retirement[.]"  MORE >>

"Although the PFML law has been enacted, the VEC is expected to develop implementing regulations by sometime in 2027, with contribution rates required to be set by October 1, 2027.... Employers with voluntary PFML plans may be exempt from the state program, subject to VEC approval, if the benefits they provide are at least equal to those under the state program."  MORE >>

"[T]he Rules expand the Ordinance's regulatory reach by bringing joint and successor liability squarely within its ambit ... [T]he Rules address the City's immigrant workforce directly, clarifying that '[i]mmigration status does not affect an individual's status,' thereby ensuring that concerns about immigration standing do not deter workers from asserting their rights under the Ordinance.... Where the Ordinance left gaps or ambiguities in its requirements, the Rules step in to resolve them -- and in doing so, further broaden the scope of employee protections in ways that employers must carefully implement."  MORE >>

"Senate Bill 1545 ... would prohibit PBMs from owning or holding permits for the retail sale of prescription drugs in Arizona beginning January 1, 2027. While the bill remains in the early stages of the legislative process, it has already attracted attention because it goes beyond traditional PBM reform measures and directly targets vertical integration and follows a growing trend of similar bills."  MORE >>

"The revised rules formally recognize joint employment and provide that all joint employers are responsible for compliance with the Ordinance.... The revised rules clarify that non-exempt employees accrue Paid Leave and Paid Sick Leave on all hours worked, including overtime hours.... The updated rules clarify that when employees continue working for a successor employer following a sale, merger, transfer, or other business transaction, accrued and unused leave must be preserved and transferred."  MORE >>

"In addition to providing paid leave for illness and medical needs of the employee or family members, the law also covers certain domestic abuse and criminal conduct, such as sexual assault and stalking. Such 'safe leave' is available when an employee or an employee's family member requires time off to access victim's aid, relocate, obtain medical care or counseling, or seek legal advice relating to the abuse or criminal conduct."  MORE >>

"Virginia ... [has enacted] a law establishing a mandatory paid family and medical leave (PFML) insurance program. By October 1, 2027 (and annually thereafter), the Virginia Employment Commission will set the contribution rate, based on wages and capped at the Social Security taxable wage base. Contributions -- evenly split between employers and employees, with an exception for certain small employers -- will start on April 1, 2028. Benefits will first become available on December 1, 2028."  MORE >>

"Under a law enacted last year, five of Indiana's largest nonprofit hospital systems cannot charge patients covered by job-based health plans more than an established price cap. Hospitals that fail to keep prices below the threshold by 2029 risk losing their tax-exempt status ... Even before that penalty kicks in, the law requires these hospitals, which control nearly half the state's hospital market, to offer direct-to-employer contracts -- bypassing insurers -- and stay within limits set by the state. Hospitals that don't comply face a $10,000-a-day penalty. Many other Indiana hospitals must comply with this provision beginning in September."  MORE >>

"All employers with 100+ covered employees must set up a Minnesota Secure Choice Employer Account by June 30, 2026, and either enroll their workers in the state's payroll‑deduction IRA program or certify their exemption by the required date. Noncompliant employers face graduated fines of up to $500 per employee after an initial warning period."  MORE >>

"Employees accrue one hour of paid sick leave for every 30 hours worked, beginning at the start of employment.... Employers may frontload the full 40 hours at the start of the year to satisfy the accrual requirement, in which case they are not required to allow carryover of unused leave into the following year.... For absences of three or more consecutive workdays, employers may require reasonable documentation that leave was used for a covered purpose."  MORE >>

"The updated rules, effective June 1, 2026, make a number of substantive additions and clarifications, including new guidance on joint employment, workplace posting, rate of pay for tipped employees, reasons for use, paid sick leave abuse, successor employer obligations, benefit year administration, universal PTO policies, and accrual for exempt & non-exempt employees."  MORE >>

"A new retirement saving option for teachers participating in the Bay State's teacher retirement system is closer to being available, courtesy of legislation that has passed both chambers of the Massachusetts legislature."  MORE >>

"State retirement mandates are a growing trend across the country ... If you're a business owner, that means the rules may not be optional anymore -- and the deadlines are coming fast.... This article provides a state-by-state breakdown of the current landscape, covering states with active mandates, pending legislation, and those with no mandates at all."  MORE >>

"The new law would amend the Illinois Human Rights Act to include 'menopause-related condition' in the list of protected classifications ... The new law also adds several items to the list of possible reasonable accommodations for pregnancy and pregnancy-related conditions, including flexible scheduling or modified work hours and/or temperature and climate-adjusted workspaces. Employer notices must now include information regarding these additional reasonable accommodations for these conditions as part of the right to any reasonable accommodations for pregnancy."  MORE >>

"[T]he New York Secure Choice Savings Program requires certain employers to enroll employees in the State-sponsored retirement savings program. Importantly, employers that already sponsor or participate in a tax-qualified retirement plan, such as a 401(k) plan, are exempt from participation in the Program but must certify their exemption through the State's online portal."  MORE >>

"Virginia previously required PSL only for home health workers. SB 199/HB 5 significantly expands coverage to nearly all employees in the Commonwealth."  MORE >>